LGBT rights in Washington (state)
Same-sex marriage in Washington state has been '''legal' since December 6, 2012.'' On February 13, 2012, Washington Governor Christine Gregoire signed a same-sex marriage bill that had been passed by both houses of the state legislature. Voters approved the legislation in a referendum held on November 6, 2012. The law took effect on December 6 and the first marriages were celebrated on December 9, 2012. Laws against homosexuality Laws against consensual sodomy were repealed in June 1975.William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201n, available online, accessed April 10, 2011 Recognition of same-sex marriage Since 2001, Washington state has provided benefits to same-sex partners of state employees.National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011 The state passed a statue defining marriage as the union of a man and a woman in 1998. In the 2006 case Andersen v. King County, the Washington Supreme Court upheld the constitutionality of that law. Since 2007 Washington state has recognized its own state-registered domestic partnerships, which are considered equivalent to the domestic partnerships, civil unions, and marriages of same-sex couples in other jurisdictions. It has also recognized same-sex civil unions and domestic partnerships established in other jurisdictions since then. Since 2011, Washington state has recognizes same-sex marriages performed elsewhere as the equivalent of its own domestic partnerships.Seattle Times: Molly Rosbach, "Washington domestic partnership law gets adjusted," April 5, 2011, accessed April 6, 2011Washington State Legislature: [http://www.leg.wa.gov/CodeReviser/documents/sessionlaw/2011pam1.pdf 2010-2011 Session Laws of the State of Washington], accessed February 18, 2012, pages 385-386 of an 1118-page PDF Governor Chris Gregoire signed Washington's law authorizing same-sex marriages on February 13, 2012, but opponents gathered enough signatures to force a voter referendum on the legislation. Voters approved the law in the November election by a margin of 54% to 46%. Same-sex marriages have been recognized by the state since that law took effect on December 6. Adoption Washington state law permits a legally competent adult to petition to adopt without respect to marital status. Same-sex couples can adopt jointly and can arrange second-parent adoptions as well. Federal Income Tax The Internal Revenue Service ruled in May 2010 that its rules governing communal property income for married couples extend to couples who file taxes in a community property state that recognizes domestic partnerships or same-sex marriages. Couples with registered domestic partnerships in Washington, a community property state, must first combine their annual income and then each must claim half that amount as his or her income for federal tax purposes.New York Times: Tara Siegel Bernard, "Tax Season Gets Trickier for Some Gay Couples," March 29, 2011, accessed April 5, 2011 However, filing such returns precludes electronic filing,USA Today: Sandra Block, "State and federal tax laws conflict for same-sex couples," February 13, 2012, accessed February 18, 2012WorldWideWeb Tax "How does living in a community property state effect my tax return?", accessed February 18, 2012 and Washington has no state income tax independently justifying a complex filing. In certain circumstances, the IRS allows affected couples to disregard community property rules.Internal Revenue Service: [http://www.irs.gov/pub/irs-pdf/p555.pdf Publication 555, Community Property], accessed February 17, 2012, pages 7-8 Since April 2011, Washington has recognised same-sex marriages performed in other jurisdictions as equivalent to its domestic partnerships, with the result that community property rules now apply to these couples as well, when resident in Washington. Discrimination protection Washington state law prohibits discrimination based on sexual orientation and gender identity or expression.Human Rights Campaign: Washington Non-Discrimination Law, accessed April 11, 2011 Hate crime laws Washington state law criminalizes "malicious harassment" and violence against individuals because of sexual orientation and gender identity or expression.Human Rights Campaign: Washington Hate Crimes Law, accessed April 11, 2011 References Category:Washington (state) law Washington Category:LGBT in Washington (state)